What Is Employment Discrimination?
Employment discrimination occurs when an employer treats an employee or a job applicant unfairly because of their race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
Discrimination can take many forms, from unequal pay or unequal treatment to harassment or retaliation. It is illegal under both federal and state laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Delaware Discrimination in Employment Act. These laws prohibit employers from making discriminatory decisions about hiring, firing, promotions, pay, benefits, or other employment terms and conditions based on an employee’s protected characteristic.
Discrimination can be difficult to prove, but employees who have experienced discrimination have the right to file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Delaware Department of Labor. If you believe you have been the victim of employment discrimination, it is important to speak with an experienced employment and labor law attorney who can help you understand your rights and options.
Here are some additional points that may be relevant to an employment discrimination case in Delaware:
Employers cannot retaliate against employees who file discrimination complaints or participate in investigations.
Discrimination can take many forms, including disparate treatment (intentional discrimination) or disparate impact (unintentional discrimination).
The burden of proof in a discrimination case may shift from the employee to the employer depending on the circumstances of the case.
Employees who prevail in a discrimination case may be entitled to back pay, front pay, compensatory and punitive damages, and attorney’s fees.
Employers have a responsibility to prevent discrimination in the workplace and to take appropriate remedial action if discrimination occurs.
Employees who believe they have been discriminated against have a limited time to file a complaint, so it is important to act quickly.